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STATE v. RYAN

No. S-94-1202.

543 N.W.2d 128 (1996)

249 Neb. 218

STATE of Nebraska, Appellee, v. Dennis RYAN, Appellant.

Supreme Court of Nebraska.

February 2, 1996.

Attorney(s) appearing for the Case

J. William Gallup, Omaha, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

PER CURIAM.

Dennis Ryan filed a postconviction relief motion in the district court for Richardson County asking that his conviction and sentence for second degree murder be vacated. He claimed that in its instructions, the trial court had erred in failing to include "malice" as an essential element of the crime for which he was convicted.

Following a hearing, the district court denied Ryan the relief he prayed for and Ryan timely appealed to this court from...

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